United States District Court, S.D. California
WILLIAM Q. HAYES, District Judge.
The matter before the Court is the payment of restitution by Defendant David Hedley.
Defendant was employed as the Executive Director of the Indian Human Resources Center (IHRC) between approximately September 10, 2012 and December 11, 2012. During this period, the Department of Health and Human Services wired federal moneys from the Workforce Investment Act to IHRC's credit union account on behalf of the Department of Labor.
On March 28, 2013, the grand jury returned an indictment charging Defendant with eight counts of theft concerning programs receiving federal funds in violation of 18 U.S.C. § 666(a)(1)(A).
On August 6, 2013, Defendant entered a plea of guilty to Count 1 of the Indictment charging a violation of 18 U.S.C. § 666(a)(1)(A) Theft concerning programs receiving federal funds in the amount of $5, 000. In the factual basis of the plea agreement, Defendant admitted:
Between September 24, 2012 and December 6, 2012, Defendant knowingly embezzled, that is, fraudulently converted or appropriated for his own personal use, approximately $141, 260.44 from IHRC, which constituted federal funds in the care, custody or control of IHRC.
ECF No. 37 at 4. Defendant further agreed that he "falsely represented to employees of the credit union and other persons that he was using the money from IHRC on behalf of the non-profit organization, when in fact Defendant was diverting all or part of the money for his personal benefit or gain." Id. In addition, Defendant further admitted that he "conspired with [another IHRC employee] to transfer funds into the IHRC's discretionary account from other IHRC [credit union] accounts" and "to cover or backfill the funds in the other accounts by drawing down' on the federal grant from HHS." Id. Defendant admitted that he paid the other IHRC employee "at least $3, 500 as payment for her assistance in his scheme to defraud IHRC by embezzling federal funds." Id. at 5.
In the Plea Agreement, Defendant
agree[d] that the amount of restitution ordered by the court shall include defendant's total offense conduct, and is not limited to the count of conviction. Accordingly, the parties will jointly recommend that defendant pay restitution in the amount of $141, 260.44 which the Court shall order payable forthwith.
Id. at 12.
On April 3, 2014, the Court ordered the Government to provide a listing of the amounts subject to restitution to the probation office.
On April 17, 2014, the Government filed a Restitution Memorandum requesting that the Court order restitution in the amount of $141, 260.44 to the Department of Labor. Attached to the Government's Restitution Memorandum was a CORPORATE VICTIM IMPACT/FINANCIAL STATEMENT from the Indian Human Resource Center (IHRC) stating an actual loss of "$147, 000 in administrative costs and program costs and $16, 576 salary paid to Hedley." (ECF No. 71-2 at 2). The Government did not recommend any restitution to IHRC.
On April 24, 2014, Probation filed an addendum recommending that Defendant pay restitution in the amount of $141, 260.44 to the U.S. ...